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HomeMy WebLinkAboutOrdinance #2538 ORDINANCE NO. 2538 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AN AMENDEMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AND THE BOARD OF ADMINISTRATION OF THE `-CALIFORNIA PUBLIC EMPLOYEES ' RETIREMENT SYSTEM The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. That an amendment to the contract between the City Council of the City of Huntington Beach and the Board of Administration , California Public Employees' Re- tirement System is hereby authorized , a copy of said amend- ment being attached hereto , marked "Exhibit All , and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City Council of the City of Huntington Beach is hereby authorized, empowered , and directed to execute said amendment for and on behalf of said agency. SECTION 3. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of February , 19 82 I Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 1C-� REVIEWED AND APPROVED: INITIATED AND APPROVED: +S City Administrat r Director of A@ministrative Services RCS:ps 11/23/81 AMENDMENT TO CONTRACT BETWEEN THE cc JAN 21 BOARD OF ADMINISTRATION CITY OF ru;er.NGTU+ CVO BEACH PUBLIC EMPLOYEES' RETIREMENT SYSTEM � soNct CeaT. AND THE CITY COUNCIL OF THE S CITY OF HUNTINGTON BEACH The Board of Administration, Public Employees' Retirement System, herein- after referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract under date of October 27, 1945, effective October 1 , 1945, and as amended effective January 1 , 1950, March 1 , 1952, November 1 , 1957, March 1 , 1958, October 1 , 1961 , January 1 , 1971 , January 12, 1974, April 18, 1975, February 21 , 1976, August 7, 1976, September 17, 1977, September 30, 1978 and June 6, 1981 , which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 10 are hereby stricken from said contract as executed effective June 6, 1981 , and hereby replaced by the following paragraphs numbered 1 through 10 inclusive: 1 . All words and terms used herein which are defined in .the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age"shall mean age 60 for local miscellaneous and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 1 , 1945 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except such as by express provisions thereof apply only on the election of contracting agencies. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Firemen (herein referred to as local safety members) ; b. Local Policemen (herein referred to as local safety members) ; C. Lifeguards on ocean beaches (included as local safety members) ; d. Employees other than local safety members (herein referred to as local miscellaneous members). EXHIBIT A In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: EXCLUDE CROSSING GUARDS, EMPLOYEES IN STUDENT DESIGNATED POSITIONS AND SENIOR OUTREACH ASSISTANTS HIRED ON OR AFTER THE EFFECTIVE DATE OF THIS CONTRACT AMENDMENT. 4. The fraction of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251 .13 of said Retirement Law (2% at age 60 Full). 5. The fraction of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). 6. The following additional provisions of the Public Employees' Retire- ment Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: a. Sections 21380-21387, (1959 Survivors Program), excluding Section 21382.2 (Increased 1959 Survivors benefits). b. Section 20019.3 (providing for the inclusion of lifeguards on ocean beaches as local safety members). C. Sections 21263/21263.1 (Post-retirement survivor allowance), for local fire members only. d. Section 20020 ("Local Policemen"shall include persons assigned to identification and communication duties in the Police Depart- ment who are not now local safety members and who were in such employment on August 4, 1972, who elect safety membership within 60 days following the amendment of April 18, 1975)• e. Section 20930.3 (Military service credit) as defined in Chapter 1437, Statutes of 1974• f. Section 20024.2 (One-year final compensation). g. Section 20983.6 (Waiver of age 70 retirement) for local miscel- laneous members only. 7. Public Agency, in accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on April 18, 1975. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code, and accumulated contributions as of the aforementioned date and contributions thereafter made shall be held by the Board as provided in Section 20759, Government Code. 8. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall con- tribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1 ) 0.201 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 11 .020 percent on account of the liability for current service benefits. (3) 0.178 percent on account of the liability for the 1959 Survivor Program. b. With respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local safety members of said Retirement System: (1 ) 0.040 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 26.518 percent on account of the liability for current service benefits. C. A reasonable amount per annum, as fixed by the Board to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount as fixed by the Board, payable in one install- ment as the occasions arise, to cover the costs of special valua- tions on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 9. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 10. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders or cash. B. This amendment shell bo attached to said contract and shall be effective on the Jp M day of Witness our hands the day of E&MuAgg 19 . BOARD OF ADMINISTRATION CITY COUNCIL PXTBLIC EMPLOYEES' RETIRMNT SYS"PEK OF THE CITY OF HUNTINGTON BRACH r B py 4carr S cutive Officer Presiding Officer '1/6l Z Approved as to fore: Pp Attests C thin G. Besemer, Legal Office, Date r PERS CON-702 ,. 4 ORDINANCE NO. 2538 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH _ of the (Name of Governing Body) CITY OF HUNTINGTON BEACH authorizing an (Name of Public Agency) AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF HU& NI GTON-,EAC$ (Governing Body) AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, The City Council of the City of Huntington Beach (Name of Governing Body) (Name of Public Agency) does ordain as follows: SECTION 1. That an amendment to the Contract between the City of Huntington (Name of Beach of the City of Huntington Beach and the Board of Governing Body) (Name of Public Agency) Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit A", and by such refer- ence made a part hereof as though herein set out in full . SECTION 2. The Mayor of the (Title of Presiding Officer) City of Huntington Beach Is hereby authorized, empowered, and directed to (Name of Governing Body) execute said amendment for and on behalf of said Agency. SECTION 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least one time in the (Name of Newspaper ) - a newspaper of general circulation, published and circulated in the City of (Name of Huntington Beach and thenceforth and thereafter the same Public Agency) shall be in full force and effect. Adopted and approved this 16th day of February 19 . Z&-a 7��� (Presiding Officer Attest: Clerk PERS-0014-11 (Amendment) (3/78) Ord. No. 2538 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I. ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 1st day of February 19 82 , and was again read to said City Council at a regular meeting thereof held on the 16th day of February 19 82 and was passed and adopted by the affirmative vote of more than a "majority of all the members of said City Council. AYES: Councilmen: MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic, Kelly NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 1, Alicia m. Wentworth CITY CLERK of the City of Muntirfnn Be.:Clt and ex of#it io Clerk of flee City Counci;, do hereby certify that a synopsis of this ordinance has been published in the Huntington leach in'e_�en(ient on . 19 In a a ;;_> t, rh2rtc of said City. City Clerk .. ...................................................... ........................../— Deputy City Clark